How to compensate for the green belt where the expropriated house is located

First of all, look at whether the compensation plan has appendages to be compensated, and there are generally any.

If you feel that the plan is unreasonable, you can ask for an evaluation reconsideration, and finally it is an appeal.

It stands to reason that you have absolutely the right to file a lawsuit with the court, because the village committee is an administrative organ, and its exercise of administrative power is illegal and infringes upon the rights and interests of you, that is, the counterpart. Of course, this will be difficult in practice, because the power of the executive is strong and you have two options:

First, initiating administrative reconsideration means filing a reconsideration with the administrative organ at the next higher level of your village committee to reconsider the legality of the administrative acts of the village committee. In addition, the administrative reconsideration review is based on two aspects: legality and reasonableness, which is different, that is, even if the behavior of the village committee in that year does not constitute a violation of the law, it can be revoked by the higher-level reconsideration organ if it is unreasonable. The disadvantage lies in the fact that the reconsideration organ is only an administrative organ at the next higher level of the village committee, which is essentially the same as the village committee, and there may be a phenomenon of favoritism

Second, to file an administrative lawsuit is to file a lawsuit with the court, which also has advantages and disadvantages. The advantage is that the court is different from the administrative organ, the court is a judicial organ, and in principle, it is independent of the administrative organ, and the administrative organ has no right to interfere in any way in the judicial acts of the court, so this will not involve the vital interests of the court, and the court may be more fair in hearing the case. Of course, the disadvantage lies in the fact that in China's practice, there is often a phenomenon of administrative interference in the judiciary, and administrative organs may interfere in the trial of the courts, but of course this is a minority phenomenon after all.

In addition, the judicial process is lengthy, time-consuming and labor-intensive, and if you want to resolve it as soon as possible, it is obvious that litigation is not the best option, and the litigation will be very expensive.

Finally, I would like to give you a solution that is not a solution, but this method has been tried and tested many times in China's practice, that is, petitioning. If you really have no choice but to go through the administrative and judicial paths, then the petition should be your killer weapon, because no matter whether you succeed in reaching the petition department in the end (because usually your local administrative organ will not let you petition), your village committee will definitely solve your matter for the sake of your own political achievements and image

The above is my suggestion, I think it is still very feasible, you can choose according to your own situation, I believe you will eventually find the right thing

If you belong to the type of compensation for green land acquisition, the cost of compensation should be relatively large, so how is the standard of compensation for land acquisition generally stipulated? Below, in order to help you better understand the relevant legal knowledge, I have compiled the following content, I hope it will be helpful to you.

1. How to compensate for land acquisition for greening

Compensation standards for land expropriation: Article 16, Paragraph 2 of the Land Law clearly stipulates that if the contracted land is expropriated or occupied in accordance with the law, the contractor has the right to receive corresponding compensation in accordance with the law. According to the provisions of the Land Management Law, the compensation for land acquisition shall be determined according to the original use of the expropriated land.

The compensation for the expropriation of cultivated land shall include land compensation, resettlement subsidies, and compensation for land attachments and seedlings.

According to the provisions of the Land Management Law, the land compensation fee for expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The resettlement subsidy for requisitioned cultivated land shall be calculated according to the number of agricultural population to be resettled. The resettlement subsidy for each hectare of expropriated cultivated land shall not exceed 15 times the average annual output value in the three years prior to the expropriation.

The sum of the land surplus, reimbursement and resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

2. Relevant provisions

According to Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China, land compensation fees belong to rural collective economic organizations; The compensation fee for above-ground attachments and seedlings shall be owned by the owners of above-ground attachments and seedlings; Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization, which shall be managed and used by the rural collective organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

The above content is related, about the convenience of this greening land acquisition, it may involve the cost of this seedling, as well as all the attachments on the land, these attachments need to be compensated according to the local market.

Legal analysis: 1. The standard of compensation for seedlings is formulated by the local county and city, and the Land and Resources Bureau has information in this regard, so please consult the Land and Resources Bureau.

2. Because legal land acquisition is a valid reason for the termination of the lease contract, the lease contract must be terminated, and there is generally no relocation fee or loss compensation fee, which is generally included in the compensation fee for seedlings.

3. The lessor shall refund the rent that has not expired in the lease contract.

Legal basis: "Measures of the Land Management Law of the People's Republic of China" Article 31 of the project may be calculated according to the minimum limit of the statutory compensation standard to pay compensation and resettlement costs, other projects to requisition land belongs to paddy fields, vegetable fields, fish ponds, land compensation fee calculation and payment standards shall not be less than 85 times the average annual output value of the same type of land in the previous three years; If it belongs to other cultivated land, the standard for calculating and paying the rubber compensation fee for land purification shall not be less than 65 times the average annual output value of the same type of land in the previous three years; For the resettlement subsidy for requisitioned cultivated land, the resettlement subsidy standard for each peasant population who needs to be resettled shall not be less than 45 times the average annual output value of the cultivated land in the previous three years; For orchards and other economic forest land, the resettlement subsidy shall not be less than 35 times the average annual output value of the same type of land in the previous four years. The land and resources departments of districted cities should do a good job in the balance and convergence of land acquisition compensation standards between neighboring cities and counties, and prevent the occurrence of unfair and unreasonable land acquisition compensation.

The Land Management Law stipulates that compensation shall also be given as appropriate for the expropriated land, the seedlings that have been planted before the land acquisition agreement is drawn up, and the existing above-ground attachments. However, no compensation will be given for the seedlings planted and the above-ground attachments that are rushed to be built after the land acquisition plan is negotiated and signed. The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

In practice, the following measures can be implemented: if the seedlings grown on the land before the expropriation are destroyed due to the construction of land acquisition, the land-using unit shall be compensated according to the output and output value of the crops in the field in one season. The specific compensation standard should be determined according to the actual local situation.

For crops that have just been sown, the cost of production will be compensated according to 13% of the output value of one season, and for crops in the growth period, the maximum compensation will be made according to the output value of one season; For grain, oilseeds and vegetable seedlings, if they can be harvested, they will not be compensated, and those that cannot be harvested will be compensated according to one season; For the economic forest trees that have grown for many years, it is necessary to transplant as much as possible, and the transplantation fee is paid by the land use unit of the Cutting Bureau, if it must be felled, the land use unit shall be compensated according to the actual value, and for the timber trees, the forest right owner shall cut it down by himself, and the land user shall only pay the felling labor hours and shall not be compensated.

Article 48 of the Land Management Law shall provide fair and reasonable compensation for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. Land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation for rural villagers' houses, other above-ground attachments and seedlings, etc., and arrange for the land-expropriated farmers to celebrate the land security costs. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

Compensation for urban demolition.

Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

The land compensation fee is 6-10 times the average output value of the land in the three years before it was expropriated; The resettlement subsidy shall be calculated according to the agricultural population to be resettled. Take the legal route.